Smooth Election Won't End Woes

March 9, 2003|By Buddy Nevins Political Writer

Even if the elections in Broward County cities go smoothly Tuesday, Election Supervisor Miriam Oliphant's problems are far from over.

She remains the target of three state investigations. She continues to need extra money to run her office, caused in part by her own overspending. And experts say her political career is on the rocks regardless of what happens on Election Day.

Voters will go the polls in 13 cities, choosing mayors and city commissioners and voting on referendums. Among the most watched races are the battles over controlling growth in Fort Lauderdale and development in Pompano Beach, hot races for two commission seats in Dania Beach, and the races for mayor in Miramar and Davie.

Oliphant, who could not be reached for comment, has assured city residents in past months that she won't have any repeat of the problems experienced in the infamous September 2002 primary, when dozens of polls failed to open or close on time and many voters said they were disenfranchised.

Many of those closely watching the election process think she's right, but not because internal problems in the elections office are resolved. They point to the fact that Oliphant cannot get through Tuesday's voting without extensive help, even though the city elections are expected to have a low turnout and fewer than half of Broward registered voters are eligible to vote.

Fort Lauderdale has taken over the key role of running the command center, safeguarding when the polls open and close and monitoring whether the touch-screen voting machines have technical problems. Election Systems & Software, the company that manufactured the machines, will have technicians on hand to ensure the new technology doesn't fail.

But even if Oliphant pulls off a trouble-free election, prosecutors from the State Attorney's Office are still investigating whether Oliphant broke the law by mismanaging the elections office. The two-month investigation, which could result in criminal charges against the supervisor, shows no indication of winding down, according to Oliphant's attorney, David Bogenschutz.

Investigators found hundreds of unopened absentee ballots in a file at the elections office, although it's not clear whether Oliphant knew about them. They have taken sworn testimony from dozens of Oliphant's employees and others about the ballots and about office misspending and mismanagement.

"They are going very slowly and carefully through every allegation. I have no indication they are getting anywhere. At least, they have not asked for clarification or information about anything they have uncovered," Bogenschutz said.

Investigators from the state Elections Commission and the state Ethics Commission also are investigating Oliphant's conduct. If they found she broke either the state ethics laws covering elected officials or the state election laws, civil charges could be filed against her that could result in a fine.

The elections commission is investigating a complaint that Oliphant robbed a voter of rights by failing to keep polls open in the chaotic Sept. 10 primary after 7 p.m. as ordered by Gov. Jeb Bush. The Ethics Commission is investigating allegations of mismanagement, including removing a disabled woman from her job as a poll worker in order to give Oliphant's mother a job.

But the most immediate problem for Oliphant and her office is money.

Oliphant blames the new touch-screen machines, saying they are so complicated to run that she needs extra funds for more personnel at the polls and more training.

Commissioners say her fiscal difficulty is caused by her own bungling and that other counties around the state have not had tremendous added costs because of the new machines.

Oliphant had asked for $201,676 for the February primary in Fort Lauderdale and Dania Beach and said she needed $390,000 for Tuesday's voting. Commissioners gave her an advance of $180,000 from her budget for the year rather than be blamed for any election disaster in the two elections.

Oliphant says that money will carry her through May, when she will return to commissioners for more. She has not firmed up the exact amount she will ask for.

Commissioners say she'll have a rough reception, although it is uncertain they will allow layoffs and the closing of the elections office.

A majority of commissioners thought they had no choice but to help her with 1,000 county workers in November and money for the February and March elections. Now, with no elections until 2004 except for a special election in Pompano Beach, they are under no pressure to help her.

"When I was in high school, I got so much money for lunch. If I spent it all by Wednesday, I didn't eat lunch Thursday and Friday. Miriam has to learn to live within her budget, like all the rest of us learn," said County Commissioner Lori Parrish, a leading Oliphant critic.